Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

I agree with you Sapphy.

This man in yesterday's Daily Mirror has paid £31k in Child Support over 23 years and only just had a Paternity Test done where he discovered he's not the father. The CSA won't refund him the money either

http://www.mirror.co.uk/news/uk-news...-child-4074479

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

My son is convinced that he is the dad, all he wants is for child maintenance service team to accept that his payments should now be for 2 children. I want the assessment done properly as a self - employed partner. Not on HMRC figures. Will keep you updated.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Now found case law on self employed partner. Appeal no. CCS/3334/2013 In the upper tribunal. Just what is needed.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Now found case law on self employed partner. Appeal no. CCS/3334/2013 In the upper tribunal. Just what is needed.

That's good news. See if you can find three examples so you don't leave the Tribunal with any wiggle room.

There's one here for offsetting company losses etc. This website has loads of Tribunal Decisions including those which went all the way to the Supreme Court which can't be ignored by the Judge:

.http://www.osscsc.gov.uk/Aspx/view.aspx?id=4259

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Just a question. Hope someone will know the answer to this. As per the Judge's directions notice, I asked our accountants to deal with the financial requirements. We sent details of properties owned, including jointly owned, copies of business partnership accounts, business bank statements, copies of share certificates and valuations, copy of son's mortgage application, son's personal bank statements. The partnership accounts include details of my drawing, my capital account, my tax payments. This is a private partnership. The court have sent full copies of this information to Mother no 1, as she was still getting CSA money from my son for 3 weeks after Mother no 3 put in her application. All of the financial information has also been sent to Mother no 3. I cannot believe that this should happen. By the end of the week, half the town will know not only my son's income and current financial position, but they will also know my earnings and what is in the business account.
Surely this cannot be right?

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Really need help on this one. We appealed this case against CSA figures. At tribunal son was listed as the appellant, mum no3 as the respondent. The judge decided to change the case, she has listed the next session as mum no3 as the appellant and my son and mum no1 as the respondent. Mum no1 should not even be involved, judge told csa to find out her address.
Legal advice if possible. Can a tribunal judge change appellant and respondent?
Could do with some input, quickly.
Thanks

[cymruambyth]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

I have sent out an SOS for you, but I don't know if anyone has specific knowledge on this.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

We appealed this case against CSA figures. At tribunal son was listed as the appellant, mum no3 as the respondent. The judge decided to change the case, she has listed the next session as mum no3 as the appellant and my son and mum no1 as the respondent. Mum no1 should not even be involved, judge told csa to find out her address.
Legal advice if possible. Can a tribunal judge change appellant and respondent?

You need to ask the case worker at the Tribunal to give you the reason for the change if it wasn't made apparent at the hearing. Did Mum 3's lawyers make an application to change things and if so were you notified in advance of the application so you could prepare your response? It's unlikely a Tribunal judge would make a procedural error all by herself, although it has been known.

You say Mum No 1 shouldn't be involved but the Judge may have the discretion to join her into the proceedings whether you, she or your son like it on not.

Like you say you need legal advice. I've previously guided you to a website which provides specific legal advice for fathers in your son's situation.

It's my personal view that you need professional legal advice for the hearing next month, and I also think your son needs legal representation so he doesn't get screwed over by the other side's legal team. This could be a case of 'penny wise pound foolish' especially when your case is so complicated with three different mothers and their three different children, involving legal issues falling under CSA and CMS legislation. You've paid for an accountant to prepare your son's financial statement so it may be wise to pay for legal help at this stage. McKenzie Friends are much cheaper than lawyers too.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

As per the Judge's directions notice . . . . . We sent details of properties owned, including jointly owned, copies of business partnership accounts, business bank statements, copies of share certificates and valuations, copy of son's mortgage application, son's personal bank statements. The partnership accounts include details of my drawing, my capital account, my tax payments. This is a private partnership.

. . . I cannot believe that this should happen. By the end of the week, half the town will know not only my son's income and current financial position, but they will also know my earnings and what is in the business account.

Surely this cannot be right?

I'm afraid it is right.

The Tribunal issued directions seeking full disclosure of your son's financial affairs. Your son is a partner in the family business. The Tribunal is not seeking information about you, it's seeking information about your business which happens to be jointly owned by your son. They are also seeking information about properties and assets that he has which are also jointly owned by you. It's not personal.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Thanks for your help.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Thanks for your help.

If you want to send me a PM I can put you in touch with a resource for McKenzie Friends who are remarkably inexpensive. It might be worth giving them a shout. The website also answers legal questions online for free

It's a personal contact so I don't want to post it on the forum.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Found tribunal rules and procedures.the judge can change appellant and respondent.Still not sure why she did.Call from csa yesterday,final rejection for variation by mum 3,She tried to give csa information from our bank accounts! Against csa rules to use this.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Call from csa yesterday,final rejection for variation by mum 3,She tried to give csa information from our bank accounts! Against csa rules to use this.

Maybe the CSA put pressure on her to justify her reasons for rejecting the application to vary?

Found tribunal rules and procedures.the judge can change appellant and respondent

Which Tribunal is dealing with this? Forgive my ignorance but is it the "Social Security and Child Support" Tribunal now known as the "First Tier Tribunal Social Entitlement Chamber"?

http://www.justice.gov.uk/tribunals/...nd-legislation

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Yes this is first tier Social Security & Child Support Appeals. HM Courts & Tribunals Service.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Received the submissions from csa to tribunal. Assets of more than £65000. Variation refused! Lifestyle that is inconsistent with the income he has declared to the child support agency. Variation refused! Diversion of income. The application was refused as there was no evidence of diversion in the decision under appeal!
This woman has changed her "evidence" so many times that it is unbelievable, she has applied under every circumstance for a variation. I have not yet received the invoice from my accountant but it will run into hundreds of pounds. Just unbelievable that a woman on benefits can get away with so many lies. Will now await a date for 2nd hearing.